20091127final_order_no_30953.pdf

Office of the Secretary
Service Date
November 27 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
QWEST CORPORATION FOR APPROVAL
OF ITS INTERCONNECTION AGREEMENT
WITH SILVER STAR TELEPHONE
COMPANY, INC. PURSUANT TO 47 U.C. ~
252(e)
CASE NO. QWE-09-
ORDER NO. 30953
In this case the Commission is asked to approve an Interconnection Agreement
between Qwest Corporation and Silver Star Telephone Company, Inc. With this Order, the
Commission approves the parties' Interconnection Agreement.
BACKGROUND
Under the provision of the federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 Us.c. 9 252(e)(1). The
Commission may reject an agreement adopted by negotiations only if it finds that the agreement:
(1) discriminates against a telecommunications carrier not a party to the agreement; or (2)
implementation of the agreement is not consistent with the public interest, convenience and
necessity. 47 u.c. 9252(e)(2)(A). As the Commission noted in Order No. 28427, companies
voluntarily entering into interconnection agreements "may negotiate terms, prices and conditions
that do not comply with either the FCC rules or with the provision of Section 251 (b) or (c).
Order No. 28427 at 11 (emphasis in original). This comports with the FCC's statement that "
state commission shall have authority to approve an interconnection agreement adopted by
negotiation even if the terms of the agreement do not comply with the requirements of (Part 51 J.
47 C.R. 9 51.3.
THE APPLICATION
On September 3, 2009, Qwest filed an Application seeking approval of its
Interconnection Agreement with Silver Star. On November 10, 2009, Qwest filed an
Amendment to its Application to include Exhibit K, Performance Assurance Plan (PAP), which
was previously omitted from its Application. The PAP provides assurances that Qwest will meet
its Service Performance Indicators (Pills) (Exhibit B), and if Qwest fails to meet its
measurements, the PAP provides for penalty payments payable to the competitive local exchange
carrier (CLEC) and other companies entering into an interconnection agreement with Qwest.
ORDER NO. 30953
STAFF ANALYSIS AND RECOMMEND A TI
Staff reviewed the Amended Application and did not find any terms or conditions that
it considers to be discriminatory or contrary to the public interest. Staff believes that the
amended Agreement is consistent with the public interest as identified in the pro-competitive
policies of this Commission, the Idaho Legislature, and the federal Telecommunications Act of
1996. Accordingly, Staff recommended that the Commission approve the Agreement.
In its initial review of the Application, Staff discovered that Exhibit K, Qwest's
Performance Assurance Plan (PAP), had been omitted from the proposed Agreement. Staff
noted that Qwest has recently filed five Interconnection Agreements where Exhibit K has been
intentionally left blank. In four of those cases, the CLECs, once informed by Staff of the missing
Exhibit K, subsequently requested that Qwest include the PAP in the Agreement.
The Staff recommended that the Commission remind Qwest of its obligations to offer
both the PIDs and the PAP consistent with Commission Order No. 30750.
COMMISSION DECISION
Under the terms of the Telecommunications Act, interconnection agreements
including amendments thereto, must be submitted to the Commission for approval. 47 U.C. 9
252(e)(1). The Commission s review is limited, however. The Commission may reject an
agreement adopted by negotiation only if it finds that the agreement discriminates against a
telecommunications carrier not a party to the agreement or implementation of the agreement is
not consistent with the public interest, convenience and necessity. Id.
Previously, the Commission issued an Order granting Qwest's Motion to Withdraw
its Statement of Generally Available Terms and Conditions (SGA T) in Idaho. See Order No.
30750. In that case, QWE-08-, the Commission allowed Qwest to bifurcate the removal of
the SGA T from the PIDs and the PAP because Qwest specifically vowed to continue its PAP and
PID obligations if the Commission allowed the withdrawal of the SGAT:
If the Commission grants Qwest's request to withdraw the SGA T, Qwest will
continue to make the PAP (presently designated as SGA T Exhibit K) and the
PIDs (Exhibit B) available to CLECs on the same terms they are available
today until Qwest is given authority to withdraw, amend or substitute an
altemative(s) for said PAP and PIDs.
Id. at 2 (citing Qwest Motion to Bifurcate
, p.
5). Thus, the Commission ordered that
withdrawal of the SGA T shall not alter the status and effectiveness of the exhibits to the SGA
including Exhibit A (price list), Exhibit B (PIDs) and Exhibit K (PAP)." Order No. 30750 at
ORDER NO. 30953
The Commission orders Qwest to include a copy of its PAP and PIDs (SGA
Exhibits B and K) with each application for approval of an Interconnection Agreement. Qwest
shall be exempted from this requirement if it can demonstrate that, as a result of open and fair
negotiations, the contracting CLEC has knowingly waived the inclusion of the PAP. A signed
statement by the contracting CLEC indicating that it has been fully apprised of the content and
purpose of the PAP shall be sufficient evidence to demonstrate the CLEC' s waiver of this
requirement.
Based upon our reVIew of the Application and Staff s recommendation, the
Commission finds that the Agreement is consistent with the public interest, convenience and
necessity and does not discriminate. Therefore, the Commission finds that the Agreement should
be approved subject to the aforementioned requirements. Approval of this Agreement does not
negate the responsibility of either party to this Agreement to obtain a Certificate of Public
Convenience and Necessity if they are offering local exchange services or to comply with Idaho
Code 99 62-604 and 62-606 if they are providing other non-basic local telecommunications
services as defined by Idaho Code 9 62-603.
ORDER
IT IS HEREBY ORDERED that the Interconnection Agreement between Qwest
Corporation and Silver Star Telephone Company, Inc., Case No. QWE-09-, is approved.
IT IS FURTHER ORDERED that Qwest shall include a copy of its Performance
Assurance Plan with each application for approval of an Interconnection Agreement. In lieu of
the inclusion of the Performance Assurance Plan, the Company may include a signed statement
by the contracting CLEC demonstrating that the CLEC has been fully informed of both the
content and purpose of the Performance Assurance Plan and has knowingly waived its inclusion
as part of the Interconnection Agreement.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally
decided by this Order) may petition for reconsideration within twenty-one (21) days of the
service date of this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 9961-
626 and 62-619.
ORDER NO. 30953
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this .:2sr
day of November 2009.
JI KEMPTO , P IDENT
MARSHA H. SMITH, COMMISSIONER
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MACK A. REDFORD, C
ATTEST:
1it!t9 D. Jewel
ommiSSlOn Secretary
O:QWE-09-
ORDER NO. 30953